engleski

The economic analysis of tort law

The paper deals with the economic analysis of tort law. Particular emphasis is given to the analysis of tort law solutions in Croatian civil law system. The main aim of the paper is to demonstrate the economic analysis of fault liability and strict liability. Calling upon several influential scientific concepts and criteria such as Pareto efficiency and Kaldor-Hicks criterion, the paper presents a brief overview and analysis of different solutions that economic analysis of tort law provides. Using the normative approach of the analysis, which should give an answer to the question how legal rules ought to be, the paper analyzes a preventive function of tort law based on abetment of responsibility of each individual. In addition, by offering selected examples of economic analysis, the paper will examine the tort law in function of welfare economics, morality and usefulness of the individual that affects the social welfare in general.

tort law, economic analysis, liability, normative approach, prevention, social welfare

Knjiga se referira u Thomson ISI, EBSCO Publishing, EconPapers, Socionet.